Bars and restaurants in CBD areas knock on court’s door

Say Excise Department’s  action has caused them irreparable loss; HC asks Advocate General to make state’s stand clear

Published: 18th July 2017 04:02 AM  |   Last Updated: 18th July 2017 09:19 AM   |  A+A-

By Express News Service

BENGALURU: Ma Many bars and restaurants in Central Business District (CBD) have knocked on the doors of Karnataka High Court seeking directions to the state government to denotify the stretch of national highways passing through the city and renew their licences for the current excise year starting July 1, 2017 to June 30, 2018.

Hearing a batch of petitions, including that of Koshy’s Pvt Ltd on St Marks Road, Justice Vineet Kothari asked the Advocate General to make the state’s stand clear on the next date of hearing on Thursday in view of the urgency of the matter. Most of the petitioners are CL-9 licence holders.  The judge issued notices to the additional chief secretaries, excise department and public works department, Commissioners of Excise and BBMP, Ministry of Road Transport and Highways and National Highways Authority of India (NHAI).

The petitioners contended that the excise department’s unilateral action on the pretext that their establishments are situated within 500m from an existing national highway citing  Supreme Court’s guidelines has caused them irreparable loss.
They argued that the authorities had erroneously considered the stretch of 77.64km of national highway passing through GPO, MG Road, Shoolay Circle, Old Adugodi Road, Central Silk Board, etc, as indicated to have passed within the territorial limits of BBMP. The NHAI has already communicated that this stretch, as claimed by the excise department as national highway, does not fall within the jurisdiction and hence not a national highway at all. Hence, the excise department’s action is arbitrary, they claimed.  

“Portion of the national highway that has been bypassed would cease to be part of the national highway system and no longer vests in the Government of India. The state government to whom the abandoned portion of the highway is made over is competent to transfer it to any local authority under its control. Therefore, the stretch of 77.64km passing through Bengaluru city mentioned in a communication dated June 15, 2017 as being abandoned has automatically been made over to the Government of Karnataka as ‘Urban/Local Authority Roads’,” the petitioners said.
They contended that this stretch located in the heart of the city remains closed for vehicles on occasions such as New Year’s Eve, which goes to show that it not a highway in spirit at least.

List of restaurants, bars

Fusion Lounge Bar and Restaurant, Brigade Road; Social Bar and Restaurant, Black Pearl Bar and Restaurant, Toscano Bar and Restaurant, Koramangala; The Permit Room Bar and Restaurant, Toast Tonic Bar and Restaurant, Richmond Town; Easy Tiger Bar and Restaurant, Church Street; Olive Bar and Kitchen Pvt Ltd, Wood Street Road, Hotel Hyagreeva, Chancery Hotel, Lavelle Road, Le Rock Bar and Restaurant, Rest House Road Rajesh Rajaram, Barton Center, MG Road, Cafe Felix Bar and Restaurant, Trinity Circle;  303 Bar and Restaurant, Indiranagar;  Punjabi Grill Bar and Restaurant, Koramangala Industrial Layout; Hard Rock Cafe Bar and Restaurant, Koshy’s Pvt Ltd, St Marks Road, Sirocco Bar and Restaurant, Halasuru Road; 3 Dots and a Dash Bar and Restaurant, Hoysala Nagar; Tandoor Bar and Restaurant, MG Road; City Bar and Restaurant, MG Road.

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